037-08 - Resolution - Contract with Nordic Properties for Leachate Disposal ServicesRESOLUTION NO. 037-08
A RESOLUTION OF THE CITY OF PORT ORCHARD,
WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE
AN ACCESS AND USE AGREEMENT WITH NORDIC
PROPERTIES, INC., AS NEEDED FOR CONTRACT
NEGOTIATIONS WITH WASTE MANAGEMENT, INC. FOR
LEACHATE DISPOSAL SERVICES
WHEREAS, on or about July 2007, the City vacated a portion S.W. Wilkins Drive to
Nordic Properties as set forth in Ordinance No. 018-07 (the Vacated Area); and
WHEREAS, the Vacated Area is illustrated in the figure attached as Exhibit A and is
legally described in Exhibit B; and
WHEREAS, pursuant to RCW 35.79.030 and as set forth in Ordinance No. 018-07, the
City reserved a perpetual easement under, on, or over the Vacated Area for the construction,
repair, and maintenance of public utilities and services; and
WHEREAS, a City sewer main and manhole are present within the Vacated Area; and
WHEREAS, the City and Waste Management, Inc. intend to enter into a contract
whereby Waste Management is authorized to truck suitable waste material to a City manhole
for discharge into the City's sewer system; and
WHEREAS, the sewer manhole located within the Vacated Area is the most convenient
location for Waste Management to truck and discharge its wastes into the City's sewer system
(the Work); and
WHEREAS, the purpose of this Agreement it to set forth the terms of access to and use
of the Vacated Area between Nordic Properties, Inc. and the City and/or the City's contractor,
Waste Management;
now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY
RESOLVES AS FOLLOWS:
THAT: the Port Orchard City Council hereby authorizes
the Mayor to execute an access and use agreement with
Nordic Properties, Inc., as needed for contract negotiations
with Waste Management, Inc. for leachate disposal
services, in a form substantially as attached hereto.
Resolution No. 037-08
Page 2 of 2
PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested
by the Clerk in authentication of such passage this 12'h day of August 2008. '::7 ~/ 4,~y '----
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EXHIBIT 'A
ION TO VACATE I ROAD
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60
Street vocoted fTom City
of Port Orchord to Nordic
Properties, inc.
7,800 Sq. Ft.(appraximated)
S.W. WILKINS DRIVE
Petition for vacation thereof:
City of Port Orchard to Nordic Properties
DESCRIPTION OF ROADWAY TO BE VACATED
Exhibit B
That portion of the northerly roadway running East to West as shown on the face of the
Plat of "Port Orchard Bay Waterfront Tracts" in Volume 4 at page 75, records of Kitsap
County, Washington, also known as "S.W. Wilkins. Drive described as follows and per
the exhibit 'A' attached hereto and .made a part hereof:
Commencing at the Southeast corner Lot 9 of said Plat;
Thence North 29'56'00" East along the East line of Lot 9 of said Plat to the South
Margin of SW Wilkins Drive per said Plat and the POINT OF BEGINNING;
Thence continuing North 29'56'00" East 42.78 feet, more or less to the North Margin of
said SW Wilkins Drive;
Thence West along the North Margin of sa'td SW. Wilkins Drive to a point that is 40.00
feet East of and as measured Perpendicular to the East line of property conveyed to
Craig T. and Anita M. Baldwin per Stptutory Warranty Deed recorded under Auditor's
File Number 200101310039; ·
Thence South 22"33'56" West, 30.10 feet to the South Margin of said SW Wilkins Drive;
Thence Easterly along the South Margin of said SW Wilkins Drive to the POINT OF
BEGINNING;
EXCEPT any portion thereof lying within State Route 160